BILL NUMBER: SB 1863	CHAPTERED  09/30/00

	CHAPTER   1054
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	AMENDED IN ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   JUNE 14, 2000
	AMENDED IN SENATE   APRIL 13, 2000

INTRODUCED BY   Committee on Business and Professions (Senators
Figueroa (Chair), Johannessen, Kelley, Murray, O'Connell, Polanco,
and Speier)

                        FEBRUARY 24, 2000

   An act to amend Sections 128.5, 130, 149, 205, 5151, 5154, 5502,
5536, 5565, 5601, 5602, 5603, 5610, 5640, 5642, 5650, 5651, 5681,
5682, 5683, 8761, and 8771 of, to amend and repeal Section 5620 of,
to add Sections 5110, 5111, 5112, and 5113 to, and to repeal Section
5643 of, the Business and Professions Code, relating to professions
and vocations.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1863, Committee on Business and Professions.  Professions and
vocations.
   (1) Existing law provides for the licensing and regulation of
architects and landscape architects by the California Architects
Board.  Existing law provides that it is a misdemeanor for any person
to engage in the practice of architecture or landscape architecture
and other associated activities without a license.  Existing law
authorizes the board to issue a temporary landscape architect
certificate to a person from another state meeting certain
qualifications.  Existing law also provides for a written landscape
architect examination in order to obtain a license, which examination
may be waived by the board if the applicant is licensed in another
state and has passed a uniform national examination as well as a
written examination in that state, as specified.
   This bill would increase the fines applicable to a violation of
these provisions and would delete the provisions relating to the
issuance of a landscape architect temporary certificate.  This bill
would allow the board to waive the requirement for the landscape
architect written examination if an applicant has passed an
equivalent written examination or meets a certain certification, and
passes a California supplemental examination, if that supplemental
examination is required of all California applicants.  This bill
would make other related changes.
   (2) Existing law provides for the licensing and regulation of
professional engineers and land surveyors by the Board for
Professional Engineers and Land Surveyors.
   This bill would make various changes relating to the requirements
governing a map or plat issued by a licensed land surveyor or
registered civil engineer and the requirements relating to the filing
of a corner record or record of survey.  This bill would clarify
that the seal of a licensee may not be used if the licensee's
registration has expired, or has been suspended or revoked.
   (3) Under existing law, the California Board of Accountancy
regulates those engaged in the practice of public accounting and
requires, among other matters, that an applicant for a certified
public accountant license pass an examination, as specified.
   This bill would authorize the board to take specified actions
against any individual it suspects has committed particular acts in
connection with applying for or taking a licensing examination, as
defined, including incidents of cheating or subverting an
examination.
   (4) This bill would incorporate additional changes in Section 149
of the Business and Professions Code proposed by AB 2889, to become
operative only if both bills are enacted and become operative on or
before January 1, 2001, and this bill is enacted last.
   (5) This bill would incorporate additional changes in Section 205
of the Business and Professions Code to become operative only if AB
2888 is also enacted and becomes operative on or before January 1,
2001.
   (6) This bill would make other related changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 128.5 of the Business and Professions Code is
amended to read:
   128.5.  (a) Notwithstanding any other provision of law, if at the
end of any fiscal year, an agency within the Department of Consumer
Affairs, except the agencies referred to in subdivision (b), has
unencumbered funds in an amount that equals or is more than the
agency's operating budget for the next two fiscal years, the agency
shall reduce license or other fees, whether the license or other fees
be fixed by statute or may be determined by the agency within limits
fixed by statute, during the following fiscal year in an amount that
will reduce any surplus funds of the agency to an amount less than
the agency's operating budget for the next two fiscal years.
   (b) Notwithstanding any other provision of law, if at the end of
any fiscal year, the California Architects Board, the Board of
Behavioral Science Examiners, the Veterinary Medical Board, the Court
Reporters Board of California, the Medical Board of California, the
Board of Vocational Nursing and Psychiatric Technicians, or the
Bureau of Security and Investigative Services has unencumbered funds
in an amount that equals or is more than the agency's operating
budget for the next two fiscal years, the agency shall reduce license
or other fees, whether the license or other fees be fixed by statute
or may be determined by the agency within limits fixed by statute,
during the following fiscal year in an amount that will reduce any
surplus funds of the agency to an amount less than the agency's
operating budget for the next two fiscal years.
  SEC. 2.  Section 130 of the Business and Professions Code is
amended to read:
   130.  (a) Notwithstanding any other provision of law, the term of
office of any member of an agency designated in subdivision (b) shall
be for a term of four years expiring on June 1.
   (b) Subdivision (a) applies to the following boards or committees:

   (1) Medical Board of California.
   (2) California Board of Podiatric Medicine.
   (3) Physical Therapy Board.
   (4) Board of Registered Nursing.
   (5) Board of Vocational Nursing and Psychiatric Technicians.
   (6) State Board of Optometry.
   (7) California State Board of Pharmacy.
   (8) Veterinary Medical Board.
   (9) California Architects Board.
   (10) Landscape Architect Technical Committee.
   (11) Board for Professional Engineers and Land Surveyors.
   (12) Contractors' State License Board.
   (13) State Board of Guide Dogs for the Blind.
   (14) Board of Behavioral Sciences.
   (15) Structural Pest Control Board.
   (16) Bureau of Electronic and Appliance Repair.
   (17) Court Reporters Board of California.
   (18) State Board for Geologists and Geophysicists.
   (19) State Athletic Commission.
   (20) Osteopathic Medical Board of California.
   (21) The Respiratory Care Board of California.
   (22) The Acupuncture Board.
   (23) The Board of Psychology.
  SEC. 3.  Section 149 of the Business and Professions Code is
amended to read:
   149.  (a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order of
correction that requires the violator to do both of the following:
   (1) Cease the unlawful advertising.
   (2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
   (b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation.  The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.
   (c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.
   (d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
   (e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
   (1) The Barbering and Cosmetology Program.
   (2) The Funeral Directors and Embalmers Program.
   (3) The Veterinary Medical Board.
   (4) The Hearing Aid Dispensers Advisory  Commission.
   (5) The Landscape Architects Technical Committee.
   (6) The California Board of Podiatric Medicine.
   (7) The Respiratory Care Board of California.
   (8) The Bureau of Home Furnishings and Thermal Insulation.
   (9) The Bureau of Security and Investigative Services.
   (10) The Bureau of Electronic and Appliance Repair.
   (11) The Bureau of Automotive Repair.
   (12) The California Architects Board.
   (13) The Speech-Language Pathology and Audiology Board.
   (14) The Board for Professional Engineers and Land Surveyors.
   (15) The Board of Behavioral Sciences.
   (16) The State Board for Geologists and Geophysicists.
   (17) The Structural Pest Control Board.
   (18) The Acupuncture Board.
   (19) The Board of Psychology.
   (20) The California Board of Accountancy.
  SEC. 3.5.  Section 149 of the Business and Professions Code is
amended to read:
   149.  (a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order of
correction that requires the violator to do both of the following:
   (1) Cease the unlawful advertising.
   (2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
   (b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation.  The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.
   (c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.
   (d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
   (e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
   (1) The Bureau of Barbering and Cosmetology.
   (2) The Cemetery and Funeral Bureau.
   (3) The Veterinary Medical Board.
   (4) The Hearing Aid Dispensers  Advisory Commission.
   (5) The Landscape Architects Technical Committee.
   (6) The California Board of Podiatric Medicine.
   (7) The Respiratory Care Board of California.
   (8) The Bureau of Home Furnishings and Thermal Insulation.
   (9) The Bureau of Security and Investigative Services.
   (10) The Bureau of Electronic and Appliance Repair.
   (11) The Bureau of Automotive Repair.
   (12) The California Architects Board.
   (13)  The Speech-Language Pathology and Audiology Board.
   (14)  The Board for Professional Engineers and Land Surveyors.
   (15)  The Board of Behavioral Sciences.
   (16)  The State Board for Geologists and Geophysicists.
   (17)  The Structural Pest Control Board.
   (18)  The Acupuncture  Board.
   (19)  The Board of Psychology.
   (20)  The California Board of Accountancy.
  SEC. 4.  Section 205 of the Business and Professions Code is
amended to read:
   205.  (a) There is in the State Treasury the Professions and
Vocations Fund.  The fund shall consist of the following special
funds:
   (1) Accountancy Fund.
   (2) California  Board of Architectural Examiners Fund.
   (3) Athletic Commission Fund.
   (4) Bureau of Barbering and Cosmetology Contingent Fund.
   (5) Cemetery Fund.
   (6) Contractors' License Fund.
   (7) State Dentistry Fund.
   (8) State Funeral Directors and  Embalmers Fund.
   (9) Guide Dogs for the Blind Fund.
   (10) Bureau of Home Furnishings and Thermal Insulation Fund.
   (11) California Board of Architectural Examiners-Landscape
Architects Fund.
   (12) Contingent Fund of the Medical Board of California.
   (13) Optometry Fund.
   (14) Pharmacy Board Contingent Fund.
   (15) Physical Therapy Fund.
   (16) Private Investigator Fund.
   (17) Professional Engineers' and Land Surveyors' Fund.
   (18) Consumer Affairs Fund.
   (19) Behavioral  Sciences Fund.
   (20) Licensed Midwifery Fund.
   (21) Court Reporters' Fund.
   (22) Structural Pest Control Fund.
   (23) Veterinary Medical Board Contingent Fund.
   (24) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
   (25) State Dental Auxiliary Fund.
   (26) Electronic and Appliance Repair Fund.
   (27) Geology and Geophysics Fund.
   (28) Dispensing Opticians Fund.
   (29) Acupuncture Fund.
   (30) Hearing Aid Dispensers Fund.
   (31) Physician Assistant Fund.
   (32) Board of Podiatric Medicine Fund.
   (33) Psychology Fund.
   (34) Respiratory Care Fund.
   (35) Speech-Language Pathology and Audiology Fund.
   (36) Board of Registered Nursing Fund.
   (37) Nursing Home Administrator's State License Examining Board
Fund.
   (38) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
   (39) Animal Health Technician Examining Committee Fund.
   (40) Structural Pest Control Education and Enforcement Fund.
   (41) Structural Pest Control Research Fund.
   (b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund.  Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
  SEC. 4.5.  Section 205 of the Business and Professions Code is
amended to read:
   205.  (a) There is in the State Treasury the Professions and
Vocations Fund.  The fund shall consist of the following special
funds:
   (1) Accountancy Fund.
   (2) California Board of Architectural Examiners' Fund.
   (3) Athletic Commission Fund.
   (4) Barbering and Cosmetology Contingent Fund.
   (5) Cemetery Fund.
   (6) Contractors' License Fund.
   (7) State Dentistry Fund.
   (8) State Funeral Directors and Embalmers Fund.
   (9) Guide Dogs for the Blind Fund.
   (10) Bureau of Home Furnishings and Thermal Insulation Fund.
   (11) California Board of Architectural Examiners-Landscape
Architects Fund.
   (12) Contingent Fund of the Medical Board of California.
   (13) Optometry Fund.
   (14) Pharmacy Board Contingent Fund.
   (15) Physical Therapy Fund.
   (16) Private Investigator Fund.
   (17) Professional Engineers' and Land Surveyors' Fund.
   (18) Consumer Affairs Fund.
   (19) Behavioral Sciences Fund.
   (20) Licensed Midwifery Fund.
   (21) Court Reporters' Fund.
   (22) Structural Pest Control Fund.
   (23) Veterinary Medical Board Contingent Fund.
   (24) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
   (25) State Dental Auxiliary Fund.
   (26) Electronic and Appliance Repair Fund.
   (27) Geology and Geophysics Fund.
   (28) Dispensing Opticians Fund.
   (29) Acupuncture Fund.
   (30) Hearing Aid Dispensers Fund.
   (31) Physician Assistant Fund.
   (32) Board of Podiatric Medicine Fund.
   (33) Psychology Fund.
   (34) Respiratory Care Fund.
   (35) Speech-Language Pathology and Audiology Fund.
   (36) Board of Registered Nursing Fund.
   (37) Nursing Home Administrator's State License Examining Board
Fund.
   (38) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
   (39) Animal Health Technician Examining Committee Fund.
   (40) Structural Pest Control Education and Enforcement Fund.
   (41) Structural Pest Control Research Fund.
   (b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund.  Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
  SEC. 5.  Section 5110 is added to the Business and Professions
Code, to read:
   5110.  (a) After notice and an opportunity for a hearing, the
board may deny an application to take the licensing examination, deny
admission to current and future licensing examinations, void
examination grades, and deny an application for a license or
registration to any individual who has committed any of the following
acts:
   (1) Made any false, fraudulent, or materially misleading statement
or a material omission in any application for a license,
examination, or registration.
   (2) Cheated or subverted or attempted to subvert any licensing
examination.
   (3) Aided, abetted, or conspired with any other person to violate
paragraph (1) or (2).
   (4) Any act that if committed by an applicant for licensure would
be grounds for denial of a license or registration under Section 480
or if committed by a licensee or a registrant would be grounds for
discipline under Section 5100.
   (5) Any act committed outside of this state that would be a
violation of this article if committed within this state.
   (b) Neither the withdrawal of an application for examination,
licensure, or registration, nor the expulsion or voluntary departure
from an examination shall deprive the board of its authority to deny
an application for, or admittance to, current or future licensing
examinations, or to commence or continue a proceeding based on a
violation of this article.
   (c) Nothing in this article shall be construed to limit the
authority of the board to refuse admittance to or to remove from the
licensing examination, any person suspected of cheating or failing to
comply with examination procedures or requirements.
   (d) The term "licensing examination" includes the Uniform
Certified Public Accountant examination, ethics examination, and any
other professional or vocational licensing examination offered or
administered by, or through, the board or other agencies within or
outside of this state, for professional or vocational licensing
purposes.
   (e) The board may take any of the actions described in subdivision
(a) based upon any determination, decision, ruling, or finding made
by any state or other governmental entity, foreign or domestic, that
any individual has committed any of the actions described in
paragraphs (1) to (5), inclusive, of subdivision (a).
   (f) The provisions of this section are in addition to any other
remedies that may be available under other provisions of law
including, but not limited to, those set forth in Sections 123, 480,
and 496.
  SEC. 6.  Section 5111 is added to the Business and Professions
Code, to read:
   5111.  Cheating on, or subverting or attempting to subvert any
licensing examination includes, but is not limited to, engaging in,
soliciting, or procuring any of the following:
   (a) Any communication between one or more examinees and any
person, other than a proctor or exam official, while the examination
is in progress.
   (b) Any communication between one or more examinees and any other
person at any time concerning the content of the examination
including, but not limited to, any exam question or answer, unless
the examination has been publicly released by the examining authority
or jurisdiction.
   (c) The taking of all or a part of the examination by a person
other than the applicant.
   (d) Possession or use at any time during the examination or while
the examinee is on the examination premises of any device, material,
or document that is not expressly authorized for use by examinees
during the examination including, but not limited to, notes, crib
sheets, text books, and electronic devices.
   (e) Failure to follow any exam instruction or rule related to exam
security.
   (f) Providing false, fraudulent, or materially misleading
information concerning education, experience, or other qualifications
as part of, or in support of, any application for admission to any
professional or vocational examination.
  SEC. 7.  Section 5112 is added to the Business and Professions
Code, to read:
   5112.  (a) The board may deny an application to take the licensing
examination, deny admittance to current and future licensing
examinations, and void examination grades on the grounds set forth in
Section 5110 using either of the following procedures:
   (1) Notifying the individual in writing of all of the following:
   (A) The action the board has taken.
   (B) The reasons the action was taken.
   (C) The earliest date on which the individual may reapply for
admittance to the licensing examination.
   (D) The individual's right to a hearing under the provisions of
Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of
the Government Code if a written request for a hearing is made
within 60 days from the date of the board's notice.  If the
individual does not request a hearing, the board's action shall
become final at the expiration of this 60-day period.
   (2) Filing and serving a statement of issues in accordance with
Section 11504 of the Government Code.
   (b) The board shall issue the notice of action under paragraph (1)
of subdivision (a) or file and serve the statement of issues under
paragraph (2) of subdivision (a) within five years of the last day of
the examination with respect to which the alleged prohibited act was
committed or within three years of the discovery of the commission
of the alleged prohibited act, whichever occurs later.
  SEC. 8.  Section 5113 is added to the Business and Professions
Code, to read:
   5113.  An individual who has been denied admission to the
licensing examination under Section 5110 may petition the board for
admission to the Certified Public Accountant examination not less
than one year after the effective date of the decision issued by the
board following a hearing held pursuant to the provisions of Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 of the
Government Code or, if there was no hearing, may petition the board
not less than one year after the decision or action pursuant to the
notice of action issued by the board becomes final as provided in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 5112,
unless the decision or notice of action issued by the board
specifies a different timeframe within which this petition may be
filed.  However, in no event shall the timeframe specified by the
board be more than three years from the effective date of the board's
decision or from the date that the board's action pursuant to the
notice of action becomes final.
  SEC. 9.  Section 5151 of the Business and Professions Code is
amended to read:
   5151.  An applicant for registration as an accountancy corporation
shall supply to the board all necessary and pertinent documents and
information requested by the board concerning the applicant's plan of
operation.  The board may provide forms of application.  If the
board finds that the corporation is duly organized and existing under
the General Corporation Law or the foreign corporation is duly
qualified for the transaction of intrastate business pursuant to the
General Corporation Law, that, except as otherwise permitted under
Section 5053 or 5079, each officer, director, shareholder, or
employee who will render professional services is a licensed person
as defined in the Moscone-Knox Professional Corporation Act, or a
person licensed to render the same professional services in the
jurisdiction or jurisdictions in which the person practices, and that
from the application it appears that the affairs of the corporation
will be conducted in compliance with law and the rules and
regulations of the board, the board shall upon payment of the
registration fee in the amount as it may determine, issue a
certificate of registration.  The applicant shall include with the
application for each shareholder of the corporation licensed in a
foreign country but not in this state or in any other state,
territory, or possession of the United States, a certificate from the
authority in the foreign country currently having final jurisdiction
over the practice of accounting, which shall verify the shareholder'
s admission to practice in the foreign country, the date thereof, and
the fact that the shareholder is currently in good standing as the
equivalent of a certified public accountant or public accountant.  If
the certificate is not in English, there shall be included with the
certificate a duly authenticated English translation thereof.  The
application shall be signed and verified by an officer of the
corporation.
  SEC. 10.  Section 5154 of the Business and Professions Code is
amended to read:
   5154.  Except as provided in Section 5079 of this code and in
Section 13403 of the Corporations Code, each director, shareholder,
and officer of an accountancy corporation shall be a licensed person
as defined in the Moscone-Knox Professional Corporation Act, or a
person licensed to render the same professional services in the
jurisdiction or jurisdictions in which the person practices.
  SEC. 11.  Section 5502 of the Business and Professions Code is
amended to read:
   5502.  As used in this chapter, board refers to the California
Architects Board.
  SEC. 12.  Section 5536 of the Business and Professions Code is
amended to read:
   5536.  (a) It is a misdemeanor, punishable by a fine of not less
than one hundred dollars ($100) nor more than five thousand dollars
($5,000), or by imprisonment in the county jail not exceeding one
year, or by both that fine and imprisonment, for any person who is
not licensed to practice architecture under this chapter to practice
architecture in this state, to use any term confusingly similar to
the word architect,, to use the stamp of a licensed architect, as
provided in Section 5536.1, or to advertise or put out any sign or
card or other device that might indicate to the public that he or she
is an architect, that he or she is qualified to engage in the
practice of architecture, or that he or she is an architectural
designer.
   (b) It is a misdemeanor, punishable as specified in subdivision
(a), for any person who is not licensed to practice architecture
under this chapter to affix a stamp or seal that bears the legend
"State of California" or words or symbols that represent or imply
that the person is so licensed by the state to plans, specifications,
or instruments of service.
   (c) It is a misdemeanor, punishable as specified in subdivision
(a), for any person to advertise or represent that he or she is a
"registered building designer" or is registered or otherwise licensed
by the state as a building designer.
  SEC. 13.  Section 5565 of the Business and Professions Code is
amended to read:
   5565.  The decision may:
   (a) Provide for the immediate complete suspension by the holder of
the license of all operations as an architect during the period
fixed by the decision.
   (b) Permit the holder of the license to complete any or all
contracts for the performance of architectural services shown by
evidence taken at the hearing to be then unfinished.
   (c) Impose upon the holder of the license compliance with any
specific conditions as may be just in connection with his or her
operations as an architect disclosed at the hearing, and may further
provide that until those conditions are complied with no application
for restoration of the suspended or revoked license shall be accepted
by the board.
   (d) Assess a fine not in excess of five thousand dollars ($5,000)
against the holder of a license for any of the causes specified in
Section 5577.  A fine may be assessed in lieu of, or in addition to,
a suspension or revocation.  All fines collected pursuant to this
subdivision shall be deposited to the credit of the California
Architects Board Fund.
  SEC. 14.  Section 5601 of the Business and Professions Code is
amended to read:
   5601.  Within 10 days after the beginning of every month, all fees
collected by the department for the month preceding, under the
provisions of this chapter, shall be paid into the State Treasury to
the credit of the California Architects Board Fund.
  SEC. 15.  Section 5602 of the Business and Professions Code is
amended to read:
   5602.  The money paid into the California Architects Board Fund,
which is hereby continued in existence, shall be used in the manner
prescribed by law to defray the expenses of the board in carrying out
and enforcing the provisions of this chapter.
  SEC. 16.  Section 5603 of the Business and Professions Code is
amended to read:
   5603.  The board shall make available to local building
departments, and others upon request, an official roster listing the
name, license number, and address of all its licensees issued
licenses pursuant to this chapter and who are in good standing.  The
roster shall be open to inspection by the public during office hours
of                                                   the board.
Except for local building departments, the board may charge a fee for
the maintenance, publication, and distribution of the roster, not to
exceed the actual cost.  All fees collected pursuant to this section
shall be deposited in the California Architects Board Fund.
  SEC. 17.  Section 5610 of the Business and Professions Code is
amended to read:
   5610.  A professional architectural corporation is a corporation
which is authorized to render professional services, as defined in
Section 13401 of the Corporations Code, so long as that corporation
and its shareholders, officers, directors, and employees rendering
professional services who are licensed architects, are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code), this article, and all other statutes and
regulations pertaining to the corporation and the conduct of its
affairs.  With respect to an architectural corporation, the
governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the California Architects Board.
  SEC. 18.  Section 5620 of the Business and Professions Code is
amended to read:
   5620.  The duties, powers, purposes, responsibilities, and
jurisdiction of the California State Board of Landscape Architects
that were succeeded to and vested with the Department of Consumer
Affairs in accordance with Chapter 908 of the Statutes of 1994 are
hereby transferred to the California Architects Board.  The
Legislature finds that the purpose for the transfer of power is to
promote and enhance the efficiency of state government and that
assumption of the powers and duties by the California Architects
Board shall not be viewed or construed as a precedent for the
establishment of state regulation over a profession or vocation that
was not previously regulated by a board, as defined in Section 477.
   (a) There is in the Department of Consumer Affairs a California
Architects Board as defined in Article 2 (commencing with Section
5510) of Chapter 3.
   Whenever in this chapter "board" is used it refers to the
California Architects Board.
   (b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architect Technical
Committee.
   (c) After review of proposed regulations, the board may direct the
examining committee to notice and conduct hearings to adopt, amend,
or repeal regulations pursuant to Section 5630, provided that the
board itself shall take final action to adopt, amend, or repeal those
regulations.
   (d) The board shall not delegate its authority to discipline a
landscape architect or to take action against a person who has
violated this chapter.
   (e) This section shall become inoperative on July 1, 2004, and as
of January 1, 2005, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2005, deletes or extends
the date on which it becomes inoperative and is repealed.
  SEC. 19.  Section 5640 of the Business and Professions Code is
amended to read:
   5640.  It is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100) nor more than five thousand dollars
($5,000) or by imprisonment in the county jail not exceeding six
months, or by both that fine and imprisonment, for any person, who,
without possessing a valid, unrevoked license as provided in this
chapter, engages in the practice of landscape architecture or uses
the title or term "Landscape Architect" in any sign, card, listing,
advertisement, or in any other manner that would imply or indicate
that he or she is a landscape architect as defined in Section 5615.

  SEC. 20.  Section 5642 of the Business and Professions Code is
amended to read:
   5642.  This chapter shall not be deemed to prevent a landscape
architect from forming a partnership, firm, or corporation with, or
employing, persons who are not landscape architects if the signature,
date, and license number of the landscape architect appears on all
instruments of service.  In no case shall the other members of the
partnership, firm, or corporation be designated or described as
landscape architects.
   The name of the licensed landscape architect shall appear wherever
the firm name is used in the professional practice of the
partnership, firm, or corporation, and the landscape architect shall
reside in California when the partnership, firm, or corporation
maintains a California office or mailing address.  The name of the
licensee shall appear on all partnership, firm, or corporation
stationery, brochures, business cards and any instruments of service
used or provided in the professional practice of the partnership,
firm, or corporation.
   No partnership, firm, or corporation shall engage in the practice
of landscape architecture unless the work is under the immediate and
responsible direction of a licensee of the board.
   Failure of any person to comply with this section constitutes a
ground for disciplinary action.
  SEC. 21.  Section 5643 of the Business and Professions Code is
repealed.
  SEC. 22.  Section 5650 of the Business and Professions Code is
amended to read:
   5650.  Subject to the rules and regulations governing
examinations, any person, over the age of 18 years, who has had six
years of training and educational experience in actual practice of
landscape architectural work shall be entitled to an examination for
a license to practice landscape architecture.  A degree from a school
of landscape architecture approved by the board shall be deemed
equivalent to four years of training and educational experience in
the actual practice of landscape architecture.  Before taking the
examination, a person shall file an application therefor with the
executive officer and pay the application fee fixed by this chapter.

  SEC. 23.  Section 5651 of the Business and Professions Code is
amended to read:
   5651.  (a) The board shall by means of examination, ascertain the
professional qualifications of all applicants for licenses to
practice landscape architecture in this state and shall issue a
license to every person whom it finds to be qualified on payment of
the initial license fee prescribed by this chapter.
   (b) The examination shall consist of a written examination.  The
written examination may be waived by the board if the applicant (1)
has passed a written examination equivalent to that which was
required in California at that time or is certified by the Council of
Landscape Architects Registration Boards and has submitted proof of
job experience equivalent to that which is required of California
candidates and (2) has passed the California supplemental examination
if, at the time of application, it is required of all California
applicants.
  SEC. 24.  Section 5681 of the Business and Professions Code is
amended to read:
   5681.  The fees prescribed by this chapter for landscape architect
applicants and landscape architect licensees shall be fixed by the
board as follows:
   (a) The application fee for reviewing an applicant's eligibility
to take any section of the examination may not exceed one hundred
dollars ($100).
   (b) The fee for any section of the examination administered by the
board shall not exceed the actual cost to the board for purchasing
and administering each exam.
   (c) The fee for an original license may not exceed four hundred
dollars ($400), except that, if the license is issued less than one
year before the date on which it will expire, then the fee shall
equal 50 percent of the fee fixed by the board for an original
license.  The board may, by appropriate regulation, provide for the
waiver or refund of the initial license fee where the license is
issued less than 45 days before the date on which it will expire.
   (d) The fee for a duplicate license may not exceed fifty dollars
($50).
   (e) The renewal fee may not exceed four hundred dollars ($400).
   (f) The penalty for failure to notify the board of a change of
address within 30 days from an actual change in address may not
exceed fifty dollars ($50).
   (g) The delinquency fee shall be 50 percent of the renewal fee for
the license in effect on the date of the renewal of the license, but
not less than fifty dollars ($50) nor more than two hundred dollars
($200).
   (h) The fee for filing an application for approval of a school
pursuant to Section 5650 may not exceed six hundred dollars ($600)
charged and collected on an biennial basis.
  SEC. 25.  Section 5682 of the Business and Professions Code is
amended to read:
   5682.  Within 10 days after the beginning of every month, all fees
collected by the department for the month preceding, under the
provisions of this chapter, shall be paid into the State Treasury to
the credit of the California Architects Board-Landscape Architects
Fund, which is hereby created.
  SEC. 26.  Section 5683 of the Business and Professions Code is
amended to read:
   5683.  The money paid into the California Architects
Board-Landscape Architects Fund is continuously appropriated to the
board for expenditure in the manner prescribed by law to defray the
expenses of the board and in carrying out and enforcing the
provisions of this chapter.
  SEC. 27.  Section 8761 of the Business and Professions Code is
amended to read:
   8761.  Any licensed land surveyor or registered civil engineer may
practice land surveying and prepare maps, plats, reports,
descriptions, or other documentary evidence in connection  with that
practice.  All maps, plats, reports, descriptions, or other documents
issued by the licensed land surveyor or registered civil engineer
shall be signed by the surveyor or engineer to indicate the surveyor'
s or engineer's responsibility for them.  In addition to the
signature, the map, plat, report, description, or other document
shall bear the seal or stamp of the licensee or registrant and the
expiration date of the license or registration.  If the map, plat,
report, description, or other document has multiple pages or sheets,
the signature, seal or stamp, and expiration date of the license or
registration need only appear on the originals of the map or plat and
on the title sheet of the report, description, or other document.
   It is unlawful for any person to sign, stamp, seal, or approve any
map, plat, report, description, or other document unless the person
is authorized to practice land surveying.
   It is unlawful for any person to stamp or seal any map, plat,
report, description, or other document with the seal after the
certificate of the licensee that is named on the seal has expired or
has been suspended or revoked, unless the certificate has been
renewed or reissued.
  SEC. 28.  Section 8771 of the Business and Professions Code is
amended to read:
   8771.  (a) Monuments set shall be sufficient in number and
durability and efficiently placed so as not to be readily disturbed,
to assure, together with monuments already existing, the perpetuation
or facile reestablishment of any point or line of the survey.
   (b) When monuments exist that control the location of
subdivisions, tracts, boundaries, roads, streets, or highways, or
provide survey control, the monuments shall be located and referenced
by or under the direction of a licensed land surveyor or registered
civil engineer prior to the time when any streets, highways, other
rights-of-way, or easements are improved, constructed, reconstructed,
maintained, resurfaced, or relocated, and a corner record or record
of survey of the references shall be filed with the county surveyor.
They shall be reset in the surface of the new construction, a
suitable monument box placed thereon, or permanent witness monuments
set to perpetuate their location if any monument could be destroyed,
damaged, covered, or otherwise obliterated, and a corner record or
record of survey filed with the county surveyor prior to the
recording of a certificate of completion for the project.  Sufficient
controlling monuments shall be retained or replaced in their
original positions to enable property, right-of-way and easement
lines, property corners, and subdivision and tract boundaries to be
reestablished without devious surveys necessarily originating on
monuments differing from those that currently control the area.  It
shall be the responsibility of the governmental agency or others
performing construction work to provide for the monumentation
required by this section.  It shall be the duty of every land
surveyor or civil engineer to cooperate with the governmental agency
in matters of maps, field notes, and other pertinent records.
Monuments set to mark the limiting lines of highways, roads, streets
or right-of-way or easement lines shall not be deemed adequate for
this purpose unless specifically noted on the corner record or record
of survey of the improvement works with direct ties in bearing or
azimuth and distance between these and other monuments of record.
   (c) The decision to file either  the required corner record or a
record of survey pursuant to subdivision (b) shall be at the election
of the licensed land surveyor or registered civil engineer
submitting the document.
  SEC. 29.  Section 3.5 of this bill incorporates amendments to
Section 149 of the Business and Professions Code proposed by both
this bill and AB 2889.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 149 of the Business and Professions
Code, and (3) this bill is enacted after AB 2889, in which case
Section 3 of this bill shall not become operative.
  SEC. 30.  Section 4.5 shall become operative only if AB 2888 of the
1999-2000 Regular Session is enacted and becomes operative on or
before January 1, 2001, in which case Section 4 shall not become
operative.
